Commonwealth v. Hunt (Lawyers Weekly No. 11-131-14)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 13-P-850 Appeals Court COMMONWEALTH vs. DEREK HUNT. No. 13-P-850. Bristol. May 7, 2014. – October 6, 2014. Present: Cypher, Kafker, & Hanlon, JJ. Contempt. Attorney at Law, Contempt. Practice, Civil, Contempt, Attorney’s fees, Moot case, Frivolous action. Practice, Criminal, Subpoena, Affidavit, Discovery. Rules of Criminal Procedure. Evidence, Privileged communication. Privileged Communication. Moot Question. Indictments found and returned in the Superior Court Department on March 30, 2009. Entry of a finding of contempt was ordered by Richard T. Moses, J. Christopher C. Trundy (Donald A. Brisson with him) for Donald A. Brisson. Matthew A. Kamholtz (Aviva E. Jeruchim with him) for Derek Hunt. HANLON, J. Donald Brisson appeals from an order of the Superior Court finding him in civil contempt for failing to 2 produce certain documents pursuant to Mass.R.Crim.P. 17(a)(2), 378 Mass. 885 (1979). Brisson is an attorney who was representing four potential witnesses who were cooperating with the Commonwealth in the pending murder charges against the defendant, Derek Hunt. Counsel for the defendant asked for permission to subpoena the documents and the judge ordered them produced; when Brisson refused to turn them over, he was found in contempt. We vacate the order of contempt. Background. The significant facts are not in dispute. On March 30, 2009, the defendant was indicted on charges of murder and carrying a firearm without a license. Approximately two years later, in April of 2011, at the request of the defendant, Brisson was appointed to represent four potential witnesses, on the ground that their testimony could violate their rights under the Fifth Amendment to the United States Constitution. The judge described the witnesses’ testimony as “critical to the Commonwealth’s case.” Shortly before the scheduled trial, the “client-witnesses disclosed to the District Attorney’s Office alleged improper conduct of defense counsel and/or her investigator, which sought to influence their testimony at trial.” Thereafter, the four witnesses appeared before a separately convened grand jury investigating the claims against defense counsel and her investigator and, during that process, the four were given immunity for their testimony. 3 In the meantime, apparently believing that there were credibility issues in the witnesses’ proposed trial testimony, defense counsel filed a motion “to authorize [her] to subpoena to the clerk’s office of Fall River Superior Court any and all records, notes, documents, and recordings in the possession of Attorney Donald Brisson relative to his representation” […]
Commonwealth v. Hunt (and three companion cases) (Lawyers Weekly No. 11-148-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 12‑P‑544 Appeals Court COMMONWEALTH vs. SHAWN HUNT (and three companion cases[1]). No. 12‑P‑544. Bristol. April 10, 2013. ‑ December 20, 2013. Present: Rubin, Fecteau, & Hines, JJ. Homicide. Grand Jury. Practice, Criminal, Grand jury proceedings, Conduct of prosecutor, Disclosure of evidence, Indictment, Dismissal, Capital case. Evidence, Grand jury proceedings, Testimony before grand jury, Identification, Exculpatory, Disclosure of evidence, Credibility of witness, Prior inconsistent statement, Indictment. Identification. Indictments found and returned in the Superior Court Department on January 23, 2009. Motions to dismiss the indictments were heard by Gary A. Nickerson, J. William M. McCauley, Assistant District Attorney (Tara L. Blackman, Assistant District Attorney, with him) for the Commonwealth. Joseph F. Krowski for Jonathan Michael Pittman. Robert S. Sinsheimer for Shawn Hunt. HINES, J. The defendants, Shawn Hunt and Jonathan Michael Pittman, were indicted for murder in the first degree and carrying a firearm without a license by a Bristol County grand jury. After a grand jury witness, the victim’s mother, admitted to fabricating her identification of the defendants as the perpetrators of the crime, a judge allowed the defendants’ motions to dismiss the indictments without prejudice. The Commonwealth now appeals from the order allowing the motions to dismiss, claiming that the judge erred in ruling that the presentation of the witness’s false identification impaired the integrity of the grand jury proceedings. Although we conclude that the judge committed no error in his assessment of the Commonwealth’s conduct in presenting the evidence to the grand jury, we reverse because the evidence was otherwise sufficient to sustain the indictment. 1. Background. On November 20, 2003, Alberto “Tito” Gonzalez was killed by shots fired from a passing motor vehicle in New Bedford. In the immediate aftermath of the crime, the police investigation identified the defendants as possible suspects. The Bristol County district attorney, however, declined to present the case against these defendants (hereinafter, the Gonzalez case) to a grand jury. Almost five years later, a newly elected district attorney presented the Gonzalez case to three successive grand juries, culminating on January 23, 2009, in indictments of the defendants for murder in the first degree and carrying a firearm without a license. On the eve of trial, the Commonwealth learned that Fernanda Gonzalez, the victim’s mother, had fabricated her grand jury testimony identifying Pittman […]
Police Continue to Hunt for Clues as Explosions Leave Three Dead, Dozens Injured
Law enforcement officials are searching for who is responsible for detonating two explosives that killed three people and injured up to 125 near the finish line at the Boston Marathon. Moments after two explosions occurred on Boylston Street Monday afternoon, panicked runners and spectators began fleeing Copley Square as police quickly cleared the area and locked down the Back Bay. “All of a sudden everyone turned around and was running in the opposite direction,” said Mary Bickford, 21, of Abington. Bickford was near the finish line when the bombs denoated. “All the runners, all the people cleared out, and police were going toward the finish line.” Near the finish line, several survivors lay injured, some who had limbs torn off in the explosions. Others were crying as they took in the chaotic scene and first responders rushed in. Several victims, including an 8-year-old boy who died, were children. Childrens Hospital reported that those treated there included a 9-year-old girl, a 7-year-old boy, a 12-year-old, and a 2-year-old, the Boston Globe reported. Mass General Hospital said it was treating eight patients in critical condition. Police were stationed at the entrances to the hospital. Brigham and Women’s Hospital received the most, with 26 treated, including two in critical condition, according to the Globe report. Monday night police were questioning a “person of interest” who was among the victims there. As victims were rushed to area hospitals, police from Boston and surrounding towns not near Copley Square were assembling on the Boston Common to discuss how to proceed. Around 4 p.m., about an hour and a half after the two explosions, the Boston Police bomb squad staged a controlled blast. Early Monday evening the FBI said “the situation remains fluid and itremains too early to establish the cause and motivation.” The FBI has issued a national tip line for any information related to today’s bombings. Anyone with information can call 1-800-CALL-FBI (1-800-225-5324), and select prompt #3. “No piece of information or detail is too small,” wrote the FBI in the release. The Park Plaza Castle will again serve as a resource center on Tuesday. Residents and runners can go there for counseling services, to arrange for shelter, find runner belongings and other services. When asked if the explosions were a terrorist act, Boston Police Commissioner Edward F. Davis said, “We’re not being definitive on this right now, but you can reach your own conclusions based on what happened.” At a press conference Monday night, President Barack Obama said, “We still do not know who did this or why. People shouldn’t jump to conclusions until we have all the facts… We will find out who did this and […]
Things to Know in the South End Today, March 21: Titus Sparrow Park Easter Egg Hunt Announced
1. Weather: The National Weather Service is predicting a mostly cloudy day with a high near 37 degrees. There’s a 30 percent chance of snow showers, mainly after 11 a.m. but little or no snow accumulation is expected. 2. Titus Sparrow Park Easter Egg Hunt is On: This year’s Easter Egg Hunt in Titus Sparrow Park is scheduled for Saturday, March 30 at 10 a.m. In addition to the hunt for candy- and toy-filled eggs, the celebration will also feature a visit from the Easter Bunny, a craft table, coffee and hot chocolate from Starbucks, and more. Special this year to the hunt are 100% biodegradable easter eggs! The event is free and open to all ages. See here for more information. 3. Ringgold Easter Egg Hunt is Off: The Ringgold Spring Egg Hunt is cancelled this year! The long-awaited renovation of the two playground areas is taking place this spring and since they cannot guarantee that it will be open, they are are unable to plan the annual spring egg hunt. The good news is, they plan to be back next year and better than ever with fall and spring children’s events – if you’d like to be involved in the planning, contact ringgoldpark@verizon.net! 4. Educator award: The nominations for the annual Boston Educators of the Year awards are now open and will be accepted until April 11. The awards recognize outstanding teachers, paraprofessionals, guidance counselors, school nurses and other educators who have made a unique contribution to their students, their classrooms, and their schools. Forms can be found here. Please submit nominations to BostonEducator@cityofboston.gov. 5. For Green Leaders: Greenovate deadline extended: Mayor Menino today has extended the deadline for nominations for the 2013 Mayor’s Greenovate Boston Awards and Bike Friendly Business Awards to midnight, March 29. These awards recognize local sustainability and environmental awareness leaders in four different categories – Green Business, Green Residential, Sustainable Food Leadership and Bike Friendly Businesses. For more information or submit nomination forms, please visit the City of Boston’s website for the Greenovate Awards and the website for the Bike Friendly Businesses Awards. Things you can do every day on South End Patch: Share your news with the rest of the community. Click here to add an announcement. Add your events to our events calendar. Click here to sign up for breaking news updates. Want up-to-the-minute news? Click here to follow us on Facebook or Twitter. Share your thoughts on your community in a blog. Click here to get started. South End Patch